Statement Case Management Conference

Cal. Super. - 6th Dist.April 15, 2019

ATTORNEY OR PARTY WIMOUT ATTORNEY (Name, State Ber number and addmss) Randolph S. Hicks, Esq. sBNJB3627/ Danie1 shevstov, Esq.299971 Coddington, Hicks 5 Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 TELEPHONENO: 650 - 592-5400 FAXNO(optional). 650-592-5027 EABIILADDREss(oplionalx dshevstov8chdlawyers. corn ArroRNEYFoR(Name). Defendant JOrge Hera SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS 191 North First Street MAILINGADDREss: San Jose, California 95113 CITY AND ZIP CODE'RANCH NAME'LAINTIFF/PETITIQNER: Carlos Alfonzo Garibay FOR COURT USE ONLY CM-110 DEFENDANT/REsPQNDENT: Jorge Mero, et al. CASE MANAGEMENT STATEIIENT (Check one): ~ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 1/7/2020 Time: 10: 00 a.m. Dept.: 9 Address of court (if different from the address above): CASE NUMBER: 19CV346322 Divd Room; Qg Notice of intent to Appear by Telephone, by (name)7 Daniel Shevstov, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specitied information must be provided. 1. Party or parties (snswer one): a. Q3 This statement is submitted by party (name)( Jorge Mero b. ~ This statement is submitted jointly by parties (nsmes): 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/a/nants only) a. The complaint was filed on (date)( b. ~ The cross-complaint, if any, was filed on (dsle): 3. Service (to be answered by plaintiffs and cioss-comp/s/nants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) C3 have not been served (specify names snd explain why not)( (2) ~ have been served but have not appeared and have not been dismissed (speclfy names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of invo/vement in case, and the date by which they may be served): 4. Description of case a. Type of case in Qg complaint ~ cross-complaint (Describe, including causes of action): This case arises out of injuries plaintiff alleges to have as a result of a motor vehicle collision. Form Adopted for Mandatory Use n, .@ CASE MANAGEMENT STATEMENTJudidal Council of California Q&g ESSen'tlatCM-110 IRev. Julf I, 2011) m~m .'DTIITS'aribay v. Mero Page I of 3 Cal Rules of Court, rules 3 720 3 730 new omifs cs pov Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/23/2019 10:37 AM Reviewed By: System System Case #19CV346322 Envelope: 3803675 19CV346322 Santa Clara - Civil System System PLAINTIFFIPETITIONER:Carlos Al fon zo Garibay DEFENDANT/RESPONDENT; Jorge Mero, et al. CASE NUMBER. 19CV346322 CM-110 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (Indicate source and amount), estimated future medical expenses, lost earnings to date, end estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)Plaintiff makes a personal injury claim against defendant as a result of a motor vehicle collision D (If more space is needed, check this box and attach a page designated as Affachment 4b.j Jury or nonjury trial The party or parties request ~ a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting s jury trial): Trial date a. ~ The trial has been set for (date): b. ~ No trial date has been set. This case will be ready for trial within 12 months of the date of the filing ofthe complaint (If not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 1/27/2020, 3/16/20, 4/2/20, 5/11/20, 6/1/20, 6/12/20, 9/28/20, 3/29/21 Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): 5 - 10 b. ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Cl Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (specify code section): ~ by the following: 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [Q has ~ has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) C3 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110IRev July1,20ff] CiaEssential eefeeem JEJForms'ASE MANAGEMENT STATEMENT Garibay v. Mero Puce 2 01 5 PLAINTIFF/PETITIONER:Carlos Al fonzo Garibay DEFENDANT/RESPONDENT: Jorge Mero, et al. CASE NUMBER 19CV346322 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check a/I that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'DR stipulation)i (1) Mediation Qg Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): ~ Mediation completed on (date); (2) Settlement conference ~ Settlement conference not yet scheduled ~ Settlement conference scheduled for (date): ~ Agreed to complete settlement conference by (dste): ~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled ~ Neutral evaluation scheduled for (dale): ~ Agreed to complete neutral evaluation by (dale): ~ Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled ~ Judicial arbitration scheduled for (date): ~ Agreed to complete judicial arbitration by (date): ~ Judicial arbitration completed on (dete): (5) Binding private arbitration C3 Private arbitration not yet scheduled ~ Private arbitration scheduled for (date): ~ Agreed to complete private arbitration by (dste): ~ Private arbitration completed on (dale): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (date)i ~ ADR completed on (date): CM-110 [Ref July 1, 2011I ( +'ssential mffmfm ~r~FOI1IIF CASE MANAGEMENT STATEIIENT Garibay v. Mero Pugu 3 of 5 PLAINTIFF/PETITIQNER1Carlos Alfonzo Garibay DEFENDANT/REsPQNDENT: Jorge Mero, et al. CASE NUMBER 19CV346322 CM-1 10 11. Insurance a. Q3 Insurance carrier, if any, for party filing this statement (name): Progressive b. Reservation of rights; ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the courfs jurisdiction or processing of this case, and describe the status.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court; (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. C3 The following discovery will be completed by the date specified (describe a/I anticipated discovery): ~Part Descriotion Defendant Informal Discover E Negotiations Date January 2020 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): cM.110[Roe 40111,2011I ( LP Essential aa; Fo rifle'ASE MANAGEMENT STATEMENT Garibay v. Iviero Page 4 of 4 PLAINTIFF/PETITIQNER: Carlos Alfonzo Garibay DEFENDANT/REsPQNDENT: Jorge Nero, et al . CASE NUMBER. 19CV346322 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)i 19. Meet and confer a. ~ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify) i 20. Total number of pages attached (if any)i I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: 12/23/2019 Beni &I qhc vcf nyr nYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF ~OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM 110 [Rev. July I, 2011) Ic+'ssential «asaoM J- Fornla CASE MANAGEMENT STATEMENT Garibay v. Mero Page5o(5 OCourtCall'383 1 vo;. Li .'sAngt', CAPV"»Pl one '888l 887 68;8i as 88gi Eli!, llaJ lc .Cesn Cov I Confer Co toaii'ourt Co/I Appearance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. Daniel Shevtsov Coddington, Hicks 8t Danforth Teh (650) 592-5400 Fax: (650) 592-5027 Case Name: Garibay v. Mero Case Number: 19CV346322 Court Name: Santa Clara County Superior Court (CA) Dept/Judge: 9 / Judge Mary Arand Proceeding: Case Management Conference Date/Time: Tuesday, 3anuary 7th, 2020 at 10:00 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Courtrooms of interested 3udges with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCall Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a 3udge's preferences. To learn more about video options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. ! Our representatives are available to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 3udges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.corn for a complete list of participating Courts and 3udges across the US, Canada and other jurisdictions. NOTFO [P] SERVICE COPY FOR COURTCALLO APPEARANCE Copyright 2019 CourtCag, LLC. All Rights Reserved. PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is iosevuera(Rchdlawvers.corn. 10 I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On December 23, 2019, I served a copy of each of the documents listed below by 12 placing said copies for processing as indicated herein. 13 14 CASE MANAGEMENT STATEMENT AND COURT CALL APPEARANCE W- SERVICE COPY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The conespondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or. if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without ergo, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). 9 10 Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Attorneys for Plaintiff 12 13 Jonathan Brand, Esq. Law Offices ofJonathan Brand 1777 Botelho Drive, Suite 220 Walnut Creek, CA 94596 14 15 Telephone: (925) 295-1670 Facsunile: (925) 296-0390 mailbox9(Rib-law.corn 16 17 18 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on December 23, 2019. 19 20 21 Je c - seguera 22 23 24 Court: Saperior Cooers ofCahforae'a, Santa Clara Coaarr Action No: 19'46322 Case Name: Gareira2v. Mero 25 26 27 28